David M. Diggs v. VSM Financial, L.L.C. ( 2015 )

ACCEPTED
01-15-00301-CV
FIRST COURT OF APPEALS
HOUSTON, TEXAS
6/30/2015 6:04:35 PM
CHRISTOPHER PRINE
CLERK
No. 01-15-00301-CV
______________________________________________________________________________
FILED IN
IN THE 1st COURT OF APPEALS
COURT OF APPEALS HOUSTON, TEXAS
FOR THE 6/30/2015 6:04:35 PM
FIRST SUPREME JUDICIAL DISTRICT CHRISTOPHER A. PRINE
OF Clerk
TEXAS
AT HOUSTON, TEXAS
______________________________________________________________________________
DAVID M. DIGGS,
Appellant,
vs.
VSM FINANCIAL, L.L.C.,
Appellee.
______________________________________________________________________________
Appeal from the County Civil Court At Law No. 1
of Harris County, Texas
______________________________________________________________________________
UNOPPOSED MOTION TO EXTEND TIME
FOR FILING APPELLANT’S BRIEF
TO THE HONORABLE COURT OF APPEALS:
DAVID M. DIGGS, Appellant in this cause, moves the Court for an
extension of time for filing Appellant’s brief, and in support of said motion would
respectfully show the Court the following:
I.
This is an appeal from a Final Summary Judgment of the County Court At
Law No. 1 of Harris County, Texas, which was signed on February 25, 2015. The
appeal was perfected by the filing of a Notice of Limitation of Appeal on March
27, 2015.
II.
If no extension of time is granted by this Court, the Brief of Appellant must
be filed by the 24th day of June, 2015. No extensions of time have been granted
previously by the Court concerning Appellant’s brief.
III.
A reasonable explanation of the need to file for more time for filing
Appellants’ brief exists, in that the date that the Clerk’s Record was filed with this
Court was inadvertently not correctly calendared. The fault is not intentional nor is
it due to conscious indifference.
IV.
An extension of time for filing Appellant’s brief will not delay submission
of this cause in its prescribed order, and no harm will result to the Appellee as a
result of an extension of time for filing briefs, in that this case has not been set for
submission.
WHEREFORE, PREMISES CONSIDERED, Appellant requests that the
Court enter an order extending the time for filing Appellant’s brief to the 30th day
of June, 2014.
Respectfully submitted,
WILLIE & ASSOCIATES, P.C.
By:/s/ Joseph R. Willie, II, D.D.S., J.D.
Joseph R. Willie, II, D.D.S., J.D.
4151 Southwest Freeway, Suite 490
Houston, Texas 77027
(713) 659-7330
(713) 599-1659 (FAX)
SBOT# 21633500
attyjrwii@wisamlawyers.com
ATTORNEY FOR APPELLANT
DAVID M. DIGGS
CERTIFICATE OF CONFERENCE
I contacted opposing counsel, Dan G. Young, Esquire, concerning the
disposition of this motion. Attorney Young is not opposed to the Court granting
this motion.
/s/ Joseph R. Willie, II, D.D.S., J.D.
Joseph R. Willie, II, D.D.S., J.D.
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing document was
served via e-service to Dan G. Young, P.O. Box 420, Lubbock, Texas 79408, on
the 30th day of June, 2015.
/s/ Joseph R. Willie, II, D.D.S., J.D.
Joseph R. Willie, II, D.D.S., J.D.